1-1 By: Armbrister S.B. No. 671
1-2 (In the Senate - Filed February 20, 1995; February 21, 1995,
1-3 read first time and referred to Committee on Finance;
1-4 April 7, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 10, Nays 0; April 7, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 671 By: Moncrief
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the travel expenses incurred by state officers and
1-11 employees.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 660.002, Government Code, is amended to
1-14 read as follows:
1-15 Sec. 660.002. DEFINITIONS. In this chapter:
1-16 (1) "Appropriated funds" means funds appropriated
1-17 under the General Appropriations Act.
1-18 (2) "Board" means a governing body, commission,
1-19 committee, council, or similar entity comprising at least two
1-20 members that is in the executive, legislative, or judicial branch
1-21 of state government.
1-22 (3) "Cancellation charge" means a fee, charge, or
1-23 payment that a provider of travel services assesses or retains
1-24 because of the cancellation of a travel reservation or other travel
1-25 plan.
1-26 (4) "Chief administrator of a state agency" means:
1-27 (A) an elected state official, excluding a
1-28 member of the legislature;
1-29 (B) an appointed state official, including an
1-30 individual <official> whose appointment as a state official has not
1-31 yet been confirmed by the <is subject to> senate <confirmation>;
1-32 (C) the director of a legislative interim
1-33 committee or board;
1-34 (D) the chief administrator of a state hospital
1-35 or special school; <and>
1-36 (E) the chief administrator of an <a state>
1-37 institution of higher education;
1-38 (F) a first assistant, chief deputy, chief
1-39 clerk, or similar individual employed by a state agency who is
1-40 specifically authorized by law to act for the individual's
1-41 superior; or
1-42 (G) the individual who has the daily
1-43 responsibility for managing the operations of a state agency that
1-44 is governed by a part-time board.
1-45 (5) "Commercial lodging establishment" means:
1-46 (A) a motel, hotel, inn, apartment, or similar
1-47 establishment that provides lodging to the public for pay; or
1-48 (B) a person or establishment that provides
1-49 lodging for pay that the comptroller determines to have a
1-50 sufficient number of the characteristics of a commercial lodging
1-51 establishment for purposes of this chapter.
1-52 (6) "Commercial transportation company" means a person
1-53 that offers to the public to transport people or goods for pay.
1-54 (7) "Disability" means a physical or mental impairment
1-55 of an individual that substantially limits at least one of the
1-56 individual's major life activities.
1-57 (8) "Duty point" means the destination, other than a
1-58 place of employment, to which a state employee or a member of the
1-59 legislature travels to conduct official state business. If the
1-60 destination is outside the employee's or member's designated
1-61 headquarters, then the duty point is:
1-62 (A) the municipality in which the destination is
1-63 located; or
1-64 (B) the area within a five-mile radius of the
1-65 destination if the destination is located in an unincorporated
1-66 area.
1-67 (9) "Incidental expense" means an expense incurred
1-68 while traveling on official state business. The term includes a
2-1 mandatory insurance or service charge and an applicable tax except
2-2 a tax on meals. The term does not include:
2-3 (A) a meal, lodging, or transportation expense;
2-4 (B) a personal expense;
2-5 (C) an expense that a person would incur
2-6 regardless of whether the person were traveling on official state
2-7 business; or
2-8 (D) a tip or gratuity.
2-9 (10) "Institutional funds" means funds described as
2-10 institutional funds by Section 51.009, Education Code.
2-11 (11) "Institution of higher education" has the meaning
2-12 assigned by Section 61.003, Education Code.
2-13 (12) "Key official" means a chief administrator of a
2-14 state agency or a person holding a position that has been
2-15 designated as exempt from the position classification plan in
2-16 accordance with the General Appropriations Act or by the governor
2-17 under Chapter 654.
2-18 (13) "Lease" means a contract with a term of at least
2-19 one month that gives the lessee possession and use of property or
2-20 equipment while the lessor retains ownership of that property or
2-21 equipment.
2-22 (14) "Place of employment" means the office or other
2-23 location at which a state employee or a member of the legislature
2-24 most frequently conducts official state business.
2-25 (15) "Prospective state employee" means an individual
2-26 that a state agency considers for employment with the agency. The
2-27 term includes a state employee of a state agency who is considered
2-28 for employment by another state agency.
2-29 (16) "Rented or public conveyance" means a motor
2-30 vehicle, train, aircraft, boat, or bicycle that a state employee or
2-31 a member of the legislature rents or pays a fare to use on a
2-32 short-term basis.
2-33 (17) "State agency" means a unit of state government
2-34 that uses appropriated funds to pay or reimburse a travel expense
2-35 of a state employee or a member of the legislature. The term
2-36 includes the Teacher Retirement System of Texas and the Employees
2-37 Retirement System of Texas.
2-38 (18) "State employee" means a person employed by a
2-39 state agency. The term includes a key official unless this chapter
2-40 specifically provides otherwise.
2-41 (19) "Travel expense" means a meal, lodging,
2-42 transportation, or incidental expense.
2-43 (20) "Unit of state government" includes an
2-44 institution of higher education.
2-45 <(2) "Per diem allowance" means a flat daily rate that
2-46 is paid instead of actual expenses for meals and lodging and is
2-47 compensation for official travel purposes only.>
2-48 SECTION 2. Subchapter A, Chapter 660, Government Code, is
2-49 amended by adding Section 660.0021 to read as follows:
2-50 Sec. 660.0021. DESIGNATED HEADQUARTERS. (a) The designated
2-51 headquarters of a state employee or a member of the legislature is:
2-52 (1) the area within the boundaries of the municipality
2-53 in which the employee's or member's place of employment is located;
2-54 or
2-55 (2) the area within a five-mile radius of the place of
2-56 employment, if the place of employment is located within an
2-57 unincorporated area.
2-58 (b) If a municipality or an unincorporated area is
2-59 completely surrounded by the municipality in which the place of
2-60 employment of a state employee or a member of the legislature is
2-61 located, then the employee's or member's designated headquarters
2-62 includes the surrounded municipality or area.
2-63 SECTION 3. Section 660.003, Government Code, is amended to
2-64 read as follows:
2-65 Sec. 660.003. APPLICABILITY. (a) This chapter, the General
2-66 Appropriations Act, and the rules adopted by the comptroller under
2-67 this chapter govern the procedures, amounts, timing, limits,
2-68 required documentation, permissible payees, distinctions between
2-69 different types of state employees, and all other details
2-70 concerning travel expense payments or reimbursements by a state
3-1 agency.
3-2 (b) Except as provided by Subsections (c) and (d), this
3-3 chapter and the travel provisions of the General Appropriations Act
3-4 apply to a travel expense only to the extent that appropriated
3-5 funds are used to pay or reimburse the expense.
3-6 (c) This chapter and the travel provisions of the General
3-7 Appropriations Act apply to a travel expense paid or reimbursed by
3-8 the Employees Retirement System of Texas or the Teacher Retirement
3-9 System of Texas, regardless of whether the funds used to make the
3-10 payment or reimbursement are appropriated funds.
3-11 (d) A law outside this chapter that states that this
3-12 chapter, the travel provisions of the General Appropriations Act,
3-13 or both, apply to a travel expense prevails over anything to the
3-14 contrary in this chapter.
3-15 (e) A state agency may pay or reimburse a travel expense
3-16 only if <applies to>:
3-17 (1) the expense is reasonable and necessary <a state
3-18 officer>;
3-19 (2) the purpose of the travel clearly involves
3-20 official state business and is consistent with the agency's legal
3-21 authority <a chief administrator of a state agency>; and
3-22 (3) the expense and the travel during which the
3-23 expense is incurred comply with:
3-24 (A) this chapter;
3-25 (B) the rules adopted by the comptroller under
3-26 this chapter; and
3-27 (C) the General Appropriations Act <a state
3-28 employee; and>
3-29 <(4) a prospective state employee who incurs expenses
3-30 when requested to visit a state agency, department, or institution
3-31 of higher education for an employment interview and evaluation>.
3-32 (f) A travel expense may be paid or reimbursed in accordance
3-33 with the requirements of an applicable federal law or regulation,
3-34 and this chapter does not apply to the extent necessary to avoid
3-35 conflict with an applicable federal law or regulation.
3-36 SECTION 4. Section 660.004, Government Code, is amended to
3-37 read as follows:
3-38 Sec. 660.004. TRAVEL EXPENSES PAID OR REIMBURSED <INCURRED>
3-39 BY <OFFICIALS OR EMPLOYEES OF> INSTITUTIONS OF HIGHER EDUCATION.
3-40 (a) This chapter does not apply to a <reimbursement for> travel
3-41 expense_to the extent an institution of higher education pays or
3-42 reimburses the expense from institutional funds <expenses:>
3-43 <(1) incurred by an official or employee of the
3-44 athletic department of an institution of higher education;>
3-45 <(2) to an official or employee of an institution of
3-46 higher education from a gift or bequest; or>
3-47 <(3) of an official or employee of an institution of
3-48 higher education if the expenses are paid or reimbursed to the
3-49 institution under a contract between the institution and the
3-50 federal government or another contracting agency>.
3-51 (b) The governing board of an <each> institution of higher
3-52 education shall adopt <necessary> rules as necessary to administer
3-53 and control travel expense payments and reimbursements that are
3-54 exempt from this chapter under Subsection (a) <for the
3-55 administration and control of travel by an official or employee
3-56 exempted by this section>.
3-57 SECTION 5. Subchapter A, Chapter 660, Government Code, is
3-58 amended by adding Sections 660.006 through 660.013 to read as
3-59 follows:
3-60 Sec. 660.006. TRAVEL OF PROSPECTIVE STATE EMPLOYEES. (a) A
3-61 state agency that provides advance authorization to a prospective
3-62 state employee to visit the agency for an interview or other
3-63 employment evaluation may:
3-64 (1) reimburse the prospective state employee for a
3-65 travel expense incurred as a result of visiting the agency; or
3-66 (2) pay a vendor for a travel expense incurred by the
3-67 prospective state employee as a result of visiting the agency.
3-68 (b) A state agency shall treat a prospective state employee
3-69 as a state employee for the purposes of reimbursing or paying a
3-70 travel expense of the prospective state employee.
4-1 Sec. 660.007. CONSERVATION OF FUNDS. (a) A state agency
4-2 shall minimize the amount of travel expenses paid or reimbursed by
4-3 the agency. The agency shall ensure that each travel arrangement
4-4 is the most cost-effective considering all relevant circumstances.
4-5 (b) A state agency may specify a travel expense payment or
4-6 reimbursement rate that is less than the maximum rate specified in
4-7 this chapter or the General Appropriations Act. The lower rate
4-8 applies only to a travel expense incurred after the agency has
4-9 notified the affected individuals in writing about the rate. The
4-10 agency is solely responsible for enforcing the rate.
4-11 Sec. 660.008. TRAVEL EXPENSES INCURRED WHILE ON LEAVE. A
4-12 state agency may pay or reimburse a state employee for a travel
4-13 expense the employee incurs while using personal or compensatory
4-14 leave if:
4-15 (1) the leave is used while the employee is away from
4-16 the employee's designated headquarters;
4-17 (2) the primary purpose of the employee's being away
4-18 is to conduct official state business; and
4-19 (3) the agency determines that returning the employee
4-20 to the employee's designated headquarters while using the leave
4-21 would not be cost-effective or would be impracticable.
4-22 Sec. 660.009. INABILITY TO PERFORM OFFICIAL STATE BUSINESS.
4-23 A state agency may pay or reimburse a state employee or a member of
4-24 the legislature for a travel expense the employee or member incurs
4-25 as a result of attempting to conduct official state business if:
4-26 (1) the employee or member is unable to conduct the
4-27 business because of a natural disaster or other natural occurrence;
4-28 and
4-29 (2) the expense would be payable or reimbursable had
4-30 the official state business been conducted.
4-31 Sec. 660.010. RETURNING TO A DESIGNATED HEADQUARTERS;
4-32 TRAVELING TO A DUTY POINT. (a) A state agency that requires a
4-33 state employee on personal or compensatory leave to return to the
4-34 employee's designated headquarters from another location may pay or
4-35 reimburse the employee for a travel expense incurred by the
4-36 employee while traveling to the headquarters. The agency may pay
4-37 or reimburse a travel expense incurred by the employee while
4-38 traveling back to the location at which the employee was staying
4-39 while on leave, or when appropriate, to the proper location on the
4-40 employee's itinerary, if the employee resumes the leave.
4-41 (b) A state agency that requires a state employee on
4-42 personal or compensatory leave at a location outside the employee's
4-43 designated headquarters to travel to a duty point may pay or
4-44 reimburse the employee for a travel expense incurred by the
4-45 employee while traveling to the duty point. The agency may pay or
4-46 reimburse a travel expense incurred by the employee while traveling
4-47 back to the location at which the employee was staying while on
4-48 leave, or when appropriate, to the proper location on the
4-49 employee's itinerary, if the employee resumes the leave.
4-50 (c) A state agency may pay or reimburse a state employee or
4-51 a member of the legislature for a travel expense incurred when the
4-52 employee or member returns, before official state business is
4-53 completed, from a duty point to the employee's or member's
4-54 designated headquarters because of an illness or personal
4-55 emergency.
4-56 Sec. 660.011. TRAVEL EXPENSES INCURRED BY EMPLOYEES OF OTHER
4-57 AGENCIES. A state agency may pay or reimburse a travel expense
4-58 incurred by another state agency's employee if the employee
4-59 incurred the expense while providing services to the paying or
4-60 reimbursing agency.
4-61 Sec. 660.012. PAYMENTS TO CREDIT CARD ISSUERS AND TRAVEL
4-62 AGENTS. (a) If a state agency may directly pay a commercial
4-63 lodging establishment or a commercial transportation company under
4-64 this chapter, then the agency may instead pay a credit card issuer
4-65 or a travel agency for the lodging or transportation.
4-66 (b) The documentation required for direct payment to a
4-67 commercial lodging establishment or commercial transportation
4-68 company is also required for payment to a credit card issuer or a
4-69 travel agency.
4-70 Sec. 660.013. CANCELLATION CHARGES. A state agency may pay
5-1 or reimburse a state employee or a member of the legislature for a
5-2 cancellation charge if:
5-3 (1) the charge is incurred for a reason related to
5-4 official state business or to official state business that could
5-5 not be conducted because of a natural disaster or other natural
5-6 occurrence; or
5-7 (2) the charge is:
5-8 (A) related to a transportation expense that was
5-9 paid in advance to obtain lower rates; and
5-10 (B) incurred because the employee or member who
5-11 was to use the transportation cannot do so because of an illness or
5-12 a personal emergency.
5-13 SECTION 6. Sections 660.047, 660.048, and 660.049,
5-14 Government Code, are transferred to Subchapter A, Chapter 660,
5-15 Government Code, redesignated as Sections 660.014, 660.015, and
5-16 660.016, Government Code, and amended to read as follows:
5-17 Sec. 660.014 <660.047>. PROHIBITION AGAINST ACCEPTING MONEY
5-18 OR TRAVEL EXPENSE REIMBURSEMENTS <APPLICABLE TO ACCEPTANCE OF
5-19 MONEY> FROM CERTAIN PERSONS. (a) Unless authorized by law, a <A>
5-20 state <officer or> employee or member of the legislature <who is
5-21 traveling to perform an official duty> may not accept money for
5-22 wages or for a travel expense reimbursement <expenses> from a
5-23 person that the state intends to audit, examine, or investigate or
5-24 <who> is auditing, examining, or investigating <or who may be
5-25 audited, examined, inspected, or investigated by the state>.
5-26 (b) A state <officer or> employee or member of the
5-27 legislature who violates Subsection (a) shall forfeit the money or
5-28 travel expense reimbursement to the state <is traveling to perform
5-29 an official duty may receive travel expenses only from amounts
5-30 appropriated by the General Appropriations Act>.
5-31 (c) Subsections (a) and (b) are in addition to any other
5-32 prohibitions, penalties, and forfeitures imposed or required by
5-33 other law <The comptroller may not pay the salary of a state
5-34 employee who violates this section>.
5-35 Sec. 660.015 <660.048>. EXCESS REIMBURSEMENTS <OVERPAYMENT>.
5-36 A state <officer or> employee or member of the legislature who
5-37 receives a reimbursement of <an overpayment for> a travel expense
5-38 that exceeds the amount the employee or member may receive under
5-39 this chapter or <from money appropriated by> the General
5-40 Appropriations Act shall immediately return the amount of the
5-41 excess <reimburse the state for the overpayment>.
5-42 Sec. 660.016 <660.049>. MULTIPLE ADVANCES OR REIMBURSEMENTS
5-43 FOR A <PROHIBITION APPLICABLE TO> TRAVEL EXPENSE <COMPENSATION BY
5-44 OTHER PERSONS>. <(a)> A state <officer or> employee or member of
5-45 the legislature may not accept a reimbursement or advance for a
5-46 travel expense from more than one source <receive a double travel
5-47 expense payment>.
5-48 <(b)> A state employee or member of the legislature who
5-49 anticipates receiving or actually receives a reimbursement or
5-50 advance for a <is to be compensated for> travel expense <expenses>
5-51 from a person other than a state agency may <not> seek an advance
5-52 <payment> or <receive a> reimbursement for the expense <travel>
5-53 from a state agency only to the extent that the amount of the
5-54 person's advance or reimbursement from the other source is less
5-55 than the amount of the total expense incurred <money authorized by
5-56 the General Appropriations Act>.
5-57 SECTION 7. Section 660.021, Government Code, is amended to
5-58 read as follows:
5-59 Sec. 660.021. Rules. The comptroller shall adopt rules for
5-60 the effective and efficient administration <to administer the
5-61 travel regulations> of this chapter and the travel provisions of
5-62 the General Appropriations Act.
5-63 SECTION 8. Section 660.024, Government Code, is amended to
5-64 read as follows:
5-65 Sec. 660.024. Advance Approval for Certain International
5-66 Travel. (a) A state agency may not pay or reimburse a <Travel
5-67 related to official state business for which a reimbursement for>
5-68 travel expense incurred by a state employee that is related to
5-69 travel to, in, or from a foreign nation unless <expenses is claimed
5-70 or for which an advance for travel expenses to be incurred is
6-1 sought must have the advance written approval of> the governor
6-2 provides written approval of the travel before it begins. The
6-3 governor may condition the governor's approval on the employee's
6-4 not incurring travel expenses above a specified amount.
6-5 (b) Subsection (a) applies to a travel expense only if it is
6-6 incurred while traveling to, in, or from a destination that is not
6-7 in <does not apply to travel>:
6-8 (1) the United States <in this state>; <or>
6-9 (2) a possession of the United States;
6-10 (3) <to, in, and from another state,> Mexico;<,> or
6-11 (4) Canada.
6-12 (c) The governor may give general approval <blanket
6-13 authority> for international travel by:
6-14 (1) personnel of the International Trade Development
6-15 Division of the Texas Department of Commerce; and
6-16 (2) law enforcement personnel of the Department of
6-17 Public Safety.
6-18 (d) If the governor's approval is required by this section,
6-19 the comptroller may require proof of that approval.
6-20 (e) The governor may designate an employee of the governor's
6-21 office to provide the approvals required by this section.
6-22 SECTION 9. Section 660.025, Government Code, is amended to
6-23 read as follows:
6-24 Sec. 660.025. Advance Payment Procedure. (a) The
6-25 comptroller by rule shall establish a procedure by which travel
6-26 expense money may be advanced to a state <officer or> employee or a
6-27 member of the legislature <may receive an advance payment for
6-28 projected travel expenses for a particular exercise of official
6-29 duty>. The procedures must be consistent with the requirements of
6-30 Section 403.248.
6-31 (b) Money may not be advanced to a state employee or a
6-32 member of the legislature for a travel expense unless the expense
6-33 is payable or reimbursable under this chapter, the travel
6-34 provisions of the General Appropriations Act, and the rules adopted
6-35 by the comptroller under this chapter. <The comptroller shall
6-36 require a final accounting after actual travel expense has been
6-37 determined to provide for any necessary reimbursement or adjustment
6-38 to reconcile an advance and the actual expense incurred.>
6-39 SECTION 10. Sections 660.041 and 660.042, Government Code,
6-40 are transferred to Subchapter B, Chapter 660, Government Code,
6-41 redesignated as Sections 660.027 and 660.028, Government Code, and
6-42 amended to read as follows:
6-43 Sec. 660.027 <660.041>. VOUCHERS <TRAVEL EXPENSE FORM>.
6-44 (a) The comptroller may issue a warrant or initiate an electronic
6-45 funds transfer to pay or reimburse a travel expense only if a state
6-46 agency submits to the comptroller a voucher that requests the
6-47 payment or reimbursement.
6-48 (b) A voucher submitted under Subsection (a) is valid only
6-49 if:
6-50 (1) the state agency submitting the voucher approves
6-51 it according to Chapter 2103 and, if required by law, certifies the
6-52 voucher; and
6-53 (2) the state employee or the member of the
6-54 legislature who incurred the travel expense or, if the employee or
6-55 member is unavailable, another individual acceptable to the
6-56 comptroller approves the voucher in writing or electronically.
6-57 (c) A voucher must be submitted in the manner required and
6-58 on the form adopted by the comptroller. The comptroller may
6-59 require the voucher to be submitted electronically as authorized by
6-60 Chapter 2103.
6-61 (d) A voucher must describe the official state business
6-62 performed and be accompanied by the information the comptroller
6-63 needs to determine compliance with this chapter, the rules adopted
6-64 by the comptroller under this chapter, and the General
6-65 Appropriations Act.
6-66 (e) The comptroller may require a state agency to provide
6-67 the information required by Subsection (d):
6-68 (1) on the form adopted by the comptroller under
6-69 Subsection (c);
6-70 (2) by submitting information, receipts, and other
7-1 documentation; or
7-2 (3) by a combination of the preceding <shall
7-3 prescribe the form on which a travel expense is to be submitted>.
7-4 Sec. 660.028 <660.042>. AUDITS <USE OF TRAVEL EXPENSE FORM>.
7-5 (a) The comptroller shall audit a voucher either before or after
7-6 the comptroller issues a warrant or initiates an electronic funds
7-7 transfer in response to the voucher. The audit must be conducted
7-8 according to Sections 403.011(12), 403.071, and 403.079. <A state
7-9 agency shall use the standard travel expense form prescribed by the
7-10 comptroller in preparing an expense account for a traveling state
7-11 employee.>
7-12 (b) This subsection applies only if the comptroller audits a
7-13 state agency's voucher after the comptroller issues a warrant or
7-14 initiates an electronic funds transfer in response to the voucher.
7-15 The comptroller may require the agency to maintain in its files the
7-16 information, receipts, and other documentation that relate to the
7-17 voucher until the comptroller audits the voucher.
7-18 (c) This subsection applies only to a state agency that pays
7-19 or reimburses a travel expense without first submitting a voucher
7-20 to the comptroller. The comptroller may audit the payment or
7-21 reimbursement for compliance with this chapter and the travel
7-22 provisions of the General Appropriations Act. The comptroller may
7-23 report the results of the audit to the governor, the lieutenant
7-24 governor, the speaker of the house of representatives, the state
7-25 auditor, and the Legislative Budget Board. The agency shall
7-26 cooperate with the comptroller and make available the information,
7-27 receipts, and other documentation required by the comptroller at
7-28 the time and in the manner required by the comptroller.
7-29 (d) The comptroller may require a state agency to maintain
7-30 in its files for the period required by the comptroller the
7-31 information, receipts, and other documentation about a travel
7-32 expense payment or reimbursement. <The travel expense form must
7-33 state:>
7-34 <(1) the point of origin and the point of destination
7-35 for each trip;>
7-36 <(2) the reimbursable mileage, including intracity
7-37 mileage, that is traveled or projected between each point;>
7-38 <(3) the time that the employee is away or plans to be
7-39 away from designated headquarters for which the employee is or will
7-40 be entitled to travel expenses; and>
7-41 <(4) briefly and clearly the purpose of the trip and
7-42 the character of official business performed or to be performed.>
7-43 SECTION 11. Subchapter B, Chapter 660, Government Code, is
7-44 amended by adding Section 660.029 to read as follows:
7-45 Sec. 660.029. KNOWLEDGE OF TRAVEL PROCEDURES. (a) A state
7-46 agency shall instruct its state employees about the provisions of
7-47 this chapter, the travel provisions of the General Appropriations
7-48 Act, and the rules adopted by the comptroller under this chapter.
7-49 (b) A state agency's failure or inability to instruct a
7-50 state employee as required by Subsection (a) does not excuse or
7-51 justify the employee's failure to comply with applicable laws or
7-52 rules.
7-53 SECTION 12. The subchapter heading of Subchapter C, Chapter
7-54 660, Government Code, is amended to read as follows:
7-55 SUBCHAPTER C. TRANSPORTATION BY PERSONAL MOTOR VEHICLE
7-56 <TRAVEL EXPENSES>
7-57 SECTION 13. Subchapter C, Chapter 660, Government Code, is
7-58 amended by adding Sections 660.0411 and 660.0412 to read as
7-59 follows:
7-60 Sec. 660.0411. REIMBURSEMENT REQUIREMENT. (a) A state
7-61 employee is entitled to be reimbursed as provided by this
7-62 subchapter for the employee's use of a personally owned or leased
7-63 motor vehicle in the conduct of state business.
7-64 (b) A state employee may not be reimbursed under this
7-65 subchapter for an expense other than mileage, tolls, and parking.
7-66 Sec. 660.0412. AMOUNT OF REIMBURSEMENT. A mileage
7-67 reimbursement may not exceed the product of:
7-68 (1) the applicable mileage reimbursement rate as
7-69 established by the legislature in the General Appropriations Act;
7-70 and
8-1 (2) the miles traveled as limited by this subchapter.
8-2 SECTION 14. Section 660.052, Government Code, is amended to
8-3 read as follows:
8-4 Sec. 660.052. DETERMINATION OF REIMBURSABLE MILEAGE <FOR
8-5 TRAVEL BY PRIVATELY OWNED CONVEYANCE>. (a) The miles traveled
8-6 that are eligible for reimbursement under this subchapter may not
8-7 exceed the lowest mileage between the origin and the final duty
8-8 point unless the chief administrator or a designee of the chief
8-9 administrator certifies on the voucher that there is a compelling
8-10 necessity for deviation from the lowest mileage in order to make
8-11 the travel more cost-effective. In each such authorized deviation,
8-12 the chief administrator of the agency or a designee of the chief
8-13 administrator shall include in the certification the reason or
8-14 reasons for such deviation and shall certify to the actual mileage
8-15 approved for reimbursement. A copy of each such authorized
8-16 deviation shall be filed promptly with the Legislative Budget
8-17 Board.
8-18 (b) If a state employee conducts official state business at
8-19 duty points between the origin and the final duty point, then the
8-20 lowest mileage must be determined by including the business
8-21 conducted at the intermediate duty points. Farm-to-market and
8-22 ranch-to-market roads shall be considered when determining the
8-23 lowest mileage between points in this state.
8-24 (c) The comptroller shall adopt a mileage guide that is
8-25 reissued periodically. The guide may include a chart of distances
8-26 showing the lowest mileage between points and maps from which the
8-27 shortest distance can be determined from any point to any other
8-28 point by utilizing both farm-to-market and ranch-to-market roads.
8-29 (d) If the mileage between two points is not shown in the
8-30 guide, then the mileage is not reimbursable unless the mileage is
8-31 itemized on a point-to-point basis on a voucher <comptroller shall
8-32 determine mileage for the purpose of a reimbursement or advance
8-33 payment for travel by a privately owned conveyance by:>
8-34 <(1) computing the shortest highway distance between
8-35 the point of origin and the destination using intermediate points
8-36 at which official state business is conducted; and>
8-37 <(2) adding other necessary mileage at points at which
8-38 official state business is conducted>.
8-39 SECTION 15. Section 660.055, Government Code, is amended to
8-40 read as follows:
8-41 Sec. 660.055. MULTIPLE USE OF SINGLE MOTOR VEHICLE
8-42 <PRIVATELY OWNED CAR>. (a) If two, three, or four state <officers
8-43 or> employees who are employed by the same state agency travel on
8-44 the same itinerary, dates, and official state business <in a
8-45 privately owned car>, then only one of those employees may be
8-46 reimbursed <reimbursement or advance payment> for <the car's>
8-47 mileage <may be claimed and allowed>.
8-48 (b) <The comptroller shall consider the travel claims of the
8-49 officers and employees as multiple claims and may pay only one
8-50 claim to the extent of mileage claimed.>
8-51 <(c)> If more than four state employees who are employed by
8-52 the same state agency travel on the same itinerary, dates, and
8-53 official state business <in more than one car>, then a state agency
8-54 may reimburse for <full> mileage only on the basis of <is allowed
8-55 for> one motor vehicle <car> for each four employees and for any
8-56 fraction in excess of a multiple of four employees.
8-57 (c) Subsections (a) and (b) do not apply to a group of state
8-58 employees if the chief administrative officer of the state agency
8-59 that employs the employees determines before travel that <(d) A
8-60 state officer or employee must obtain the advance approval of the
8-61 chief administrator of the officer's or employee's state agency if>
8-62 it is not feasible for the employees <officer or employee> to
8-63 travel together in the same motor vehicle <car>. This
8-64 determination may be made only for reasons related to official
8-65 state business. <Approval under this subsection authorizes
8-66 reimbursement or advance payment for travel by the officer or
8-67 employee using the officer's or employee's privately owned car.>
8-68 <(e) This section applies only to state officers or
8-69 employees who:>
8-70 <(1) are employed by the same state agency;>
9-1 <(2) are required to travel on the same official state
9-2 business;>
9-3 <(3) have the same itinerary; and>
9-4 <(4) travel on the same dates.>
9-5 SECTION 16. Chapter 660, Government Code, is amended by
9-6 adding Subchapter D to read as follows:
9-7 SUBCHAPTER D. TRANSPORTATION BY PERSONAL AIRCRAFT
9-8 Sec. 660.071. REIMBURSEMENT REQUIREMENT. A state employee,
9-9 a key official, a member of a board, or a member of the legislature
9-10 is entitled to be reimbursed as provided by this subchapter for use
9-11 of an aircraft owned or leased by the employee, official, or member
9-12 in the conduct of state business.
9-13 Sec. 660.072. AMOUNT OF REIMBURSEMENT. A reimbursement
9-14 under this subchapter may not exceed the product of:
9-15 (1) the aircraft mileage reimbursement rate
9-16 established in the General Appropriations Act; and
9-17 (2) the highway mileage between the designated
9-18 headquarters and duty point of the state employee, key official,
9-19 member of a board, or member of the legislature.
9-20 Sec. 660.073. AIRCRAFT MILEAGE REIMBURSEMENT RATE. The
9-21 General Appropriations Act may establish different aircraft mileage
9-22 rates:
9-23 (1) for travel in:
9-24 (A) a single-engine aircraft;
9-25 (B) a twin-engine aircraft; and
9-26 (C) a turbine-powered aircraft; and
9-27 (2) for travel by:
9-28 (A) a state employee;
9-29 (B) a key official;
9-30 (C) a member of a board; and
9-31 (D) a member of the legislature.
9-32 Sec. 660.074. GROUP TRAVEL. (a) This subsection applies to
9-33 a key official, member of a board, or member of the legislature who
9-34 travels with another official or member in an aircraft owned or
9-35 leased by the other official or member. The official or member
9-36 flying with the owner or lessee of the aircraft is entitled to an
9-37 amount equal to the amount that would have been paid or reimbursed
9-38 had the official or member paid the average economy or coach
9-39 airfare.
9-40 (b) The comptroller shall adopt procedures under which
9-41 reimbursements to key officials, members of boards, and members of
9-42 the legislature under Section 660.071 and Subsection (a) may be
9-43 aggregated into a single payment and paid either to the individual
9-44 owning or leasing the aircraft or to a vendor providing a leased
9-45 aircraft. The aggregate reimbursement may not exceed the actual
9-46 expense of the trip.
9-47 Sec. 660.075. AIRCRAFT LEASED FROM CERTAIN PERSONS. A key
9-48 official, a member of a board, or a member of the legislature is
9-49 entitled to reimbursement under this subchapter for use of an
9-50 aircraft leased from a proprietorship, partnership, or corporation
9-51 in which the official or member has an interest.
9-52 SECTION 17. Chapter 660, Government Code, is amended by
9-53 adding Subchapter E to read as follows:
9-54 SUBCHAPTER E. TRANSPORTATION BY RENTED OR
9-55 PUBLIC CONVEYANCE
9-56 Sec. 660.091. GENERAL PROVISION. A state agency shall pay
9-57 as provided by this subchapter the expense of transporting a state
9-58 employee by rented or public conveyance in the course of conducting
9-59 state business.
9-60 Sec. 660.092. PAYMENT AND REIMBURSEMENT METHODS. (a) A
9-61 state agency may pay an expense under this subchapter by:
9-62 (1) reimbursing the employee as provided by Subsection
9-63 (b);
9-64 (2) directly paying the expense as provided by
9-65 Subsection (c); or
9-66 (3) directly paying the expense in advance of travel
9-67 as provided by Subsection (d).
9-68 (b) If a state agency reimburses a state employee, then on
9-69 request the agency shall submit to the comptroller in the manner
9-70 required by the comptroller receipts that are acceptable to the
10-1 comptroller. A state agency is not required to submit receipts for
10-2 mass transit, taxi, or limousine fares.
10-3 (c) A state agency may request a commercial transportation
10-4 company to furnish transportation to the agency's state employees
10-5 and to bill the agency monthly for that transportation. The
10-6 company shall list on its invoices to the agency the points of
10-7 origin and destination for each trip and the taxes charged. The
10-8 agency shall submit those invoices to the comptroller on request
10-9 and in the manner required by the comptroller.
10-10 (d) A state agency may directly pay a commercial
10-11 transportation company before the travel of a state employee if the
10-12 payment would result in a lower transportation expense. The
10-13 comptroller may adopt rules that authorize advance payments in
10-14 other circumstances.
10-15 (e) If a reimbursement to a state employee for a
10-16 transportation expense would not be authorized, then a direct
10-17 payment to a commercial transportation company for the expense is
10-18 prohibited.
10-19 Sec. 660.093. USING OTHER THAN COMMERCIAL TRANSPORTATION
10-20 COMPANIES. A state agency may not pay or reimburse the expense of
10-21 transporting a state employee by rented or public conveyance if the
10-22 transportation is provided by a person who is not a commercial
10-23 transportation company.
10-24 Sec. 660.094. COMMERCIAL AIR TRANSPORTATION. The amount
10-25 that a state agency pays or reimburses for a state employee to
10-26 travel between points by commercial airline may not exceed the
10-27 lowest rate available. First class airfare may be paid or
10-28 reimbursed only if it is the only available airfare. Business
10-29 class airfare may be paid or reimbursed only if a lower airfare is
10-30 not available.
10-31 SECTION 18. Chapter 660, Government Code, is amended by
10-32 adding Subchapter F to read as follows:
10-33 SUBCHAPTER F. MEALS, LODGING, AND INCIDENTAL EXPENSES
10-34 Sec. 660.111. REIMBURSEMENT REQUIREMENT. A state agency
10-35 shall reimburse a state employee as provided by this subchapter for
10-36 a meal, lodging, or incidental expense incurred by the employee in
10-37 the conduct of state business.
10-38 Sec. 660.112. AMOUNT OF REIMBURSEMENT. The amount a state
10-39 agency reimburses a state employee:
10-40 (1) for meal expenses incurred each day may not exceed
10-41 the limit established by the General Appropriations Act;
10-42 (2) for lodging expenses incurred each day for each
10-43 location may not exceed the limit established by the General
10-44 Appropriations Act; and
10-45 (3) for incidental expenses may not exceed the amount
10-46 of expenses actually incurred.
10-47 Sec. 660.113. RESTRICTED REIMBURSEMENTS. (a) A state
10-48 agency may not reimburse a state employee for a lodging expense
10-49 incurred at a place that is not a commercial lodging establishment.
10-50 (b) A state agency may not reimburse a state employee for a
10-51 meal or lodging expense the employee incurs while traveling:
10-52 (1) outside the employee's designated headquarters for
10-53 less than six consecutive hours unless the employee is a chief
10-54 administrator of a state agency or the General Appropriations Act
10-55 authorizes the reimbursement; or
10-56 (2) within the employee's designated headquarters
10-57 except as provided in Subsection (c).
10-58 (c) A state agency may reimburse a state employee for a meal
10-59 expense incurred within the employee's designated headquarters if:
10-60 (1) the expense is mandatory; and
10-61 (2) the expense is connected with training, a seminar,
10-62 or a conference.
10-63 (d) A state agency may reimburse a state employee for a meal
10-64 expense incurred while traveling without an overnight stay away
10-65 from the employee's designated headquarters only if the chief
10-66 administrator of the agency authorizes the reimbursement.
10-67 (e) A state agency may not reimburse a state employee for
10-68 the purchase of an alcoholic beverage, unless the employee is a
10-69 peace officer who purchased the beverage as a purchase of evidence
10-70 in an administrative or criminal case.
11-1 Sec. 660.114. DIRECT PAYMENTS TO COMMERCIAL LODGING
11-2 ESTABLISHMENTS. (a) Instead of reimbursing a state employee for a
11-3 lodging expense, a state agency may request a commercial lodging
11-4 establishment to bill the agency directly for the expense. A state
11-5 agency on request shall submit to the comptroller in the manner
11-6 required by the comptroller information, receipts, and other
11-7 documentation about the expense that are acceptable to the
11-8 comptroller.
11-9 (b) If a reimbursement to a state employee for a lodging
11-10 expense would not be authorized, then a direct payment to a
11-11 commercial lodging establishment for the expense is prohibited.
11-12 Sec. 660.115. RECEIPTS. (a) Except as provided by
11-13 Subsections (b) and (c), a state employee who requests
11-14 reimbursement of a lodging expense must submit to the comptroller a
11-15 receipt acceptable to the comptroller. The state employee shall
11-16 submit the receipt at the time and in the manner required by the
11-17 comptroller.
11-18 (b) A chief administrator of a state agency who is not a
11-19 member of a board is not required to submit a lodging receipt to
11-20 the comptroller.
11-21 (c) A member of a board is not required to submit a lodging
11-22 receipt to the comptroller if:
11-23 (1) the member is elected to the board by vote of the
11-24 people; or
11-25 (2) the member serves on the board full-time and is
11-26 paid a salary for that service.
11-27 Sec. 660.116. HOTEL OCCUPANCY AND SIMILAR TAXES. (a) A
11-28 state employee is entitled to be reimbursed for a state, county, or
11-29 local hotel occupancy tax or any similar tax imposed by a law of
11-30 this state, another state, or a foreign country.
11-31 (b) A state employee is entitled to be reimbursed for a
11-32 hotel occupancy or similar tax from which the employee is legally
11-33 exempt only if the employee properly claims the exemption and the
11-34 commercial lodging establishment refuses to honor the exemption.
11-35 (c) If a state agency directly pays a commercial lodging
11-36 establishment under Section 660.114, the agency may directly pay a
11-37 hotel occupancy or similar tax to the establishment.
11-38 Sec. 660.117. APARTMENT RENTAL EXPENSES. An apartment
11-39 rental expense may be reimbursed or paid only if:
11-40 (1) the purpose of the rental is the conservation of
11-41 funds; and
11-42 (2) the reimbursement or payment and the rental comply
11-43 with the comptroller's rules.
11-44 Sec. 660.118. INCIDENTAL EXPENSES. A state agency may
11-45 reimburse a state employee for an incidental expense incurred by
11-46 the employee only according to rules adopted by the comptroller.
11-47 SECTION 19. Chapter 660, Government Code, is amended by
11-48 adding Subchapter G to read as follows:
11-49 SUBCHAPTER G. SPECIAL TRAVEL EXPENSE PROVISIONS
11-50 Sec. 660.141. TRAVEL BY MEMBERS OF THE LEGISLATURE. (a) At
11-51 the discretion of each house of the legislature, a member of the
11-52 legislature is entitled to receive:
11-53 (1) an amount equal to the maximum per diem rate in
11-54 the federal travel regulations for the location at which expenses
11-55 are incurred; or
11-56 (2) reimbursement of the actual amount of meals,
11-57 lodging, and incidental expenses incurred.
11-58 (b) Subsection (a) applies to a meal, lodging, or incidental
11-59 expense that a member of the legislature incurs while serving on a
11-60 board.
11-61 (c) If a member of the legislature incurs an expense in a
11-62 location for which the federal travel regulations have not
11-63 specifically established a maximum per diem rate, then the rate is
11-64 equal to the lowest maximum per diem rate for the state, territory,
11-65 possession, or country in which the expense is incurred.
11-66 (d) Except as provided in this subsection, Subchapters C, E,
11-67 and F apply to travel by a member of the legislature in the same
11-68 way that they apply to travel by a state employee. Reimbursement
11-69 to a member of the legislature under those subchapters may be made
11-70 regardless of whether the travel includes travel to or from Austin.
12-1 The subchapters do not apply to travel by a member of the
12-2 legislature to the extent they are inconsistent with this section.
12-3 Sections 660.055, 660.113(b)(1) and (d), and 660.115 do not apply
12-4 to travel by a member of the legislature.
12-5 (e) During a session of the legislature, a member of the
12-6 legislature is entitled to be reimbursed for either a
12-7 transportation expense on the same basis as is provided for state
12-8 employees or mileage on the same basis as is provided for state
12-9 employees.
12-10 Sec. 660.142. TRAVEL BY CERTAIN OFFICIALS. A judicial
12-11 officer, a chief administrative officer of a state agency other
12-12 than a member of a board, the executive director of the Texas
12-13 Legislative Council, or the secretary of the senate is entitled to
12-14 reimbursement for actual meals and lodging expenses incurred while
12-15 performing the duties of the person's office or employment.
12-16 Sec. 660.143. BOARD MEMBERS. This chapter applies to a
12-17 payment or reimbursement of a travel expense incurred by a member
12-18 of a board only if Subchapter C, Chapter 659, or other applicable
12-19 law authorizes the payment or reimbursement.
12-20 Sec. 660.144. TRAVEL BY PERSONS WITH DISABILITIES.
12-21 (a) Notwithstanding any other provision of this chapter, a state
12-22 agency may reimburse a state employee or a member of the
12-23 legislature with a disability for attendant care and other
12-24 necessary expenses incurred when the employee or member travels
12-25 inside or outside the employee's or member's designated
12-26 headquarters. However, an expense incurred when traveling between
12-27 a residence and a place of employment may be reimbursed only as
12-28 provided by law for state employees without disabilities.
12-29 (b) If the airfare is medically necessary, a state agency
12-30 may reimburse a state employee or a member of the legislature with
12-31 a disability for the first or business class airfare of:
12-32 (1) the employee or member; and
12-33 (2) the attendant of the employee or member.
12-34 (c) Instead of reimbursing a state employee or a member of
12-35 the legislature for attendant care and other necessary expenses, a
12-36 state agency may:
12-37 (1) reimburse the attendant for those expenses; or
12-38 (2) pay the expenses directly to a commercial
12-39 transportation company if the expenses are for transportation or to
12-40 a commercial lodging establishment if the expenses are for lodging.
12-41 (d) If this chapter, the travel provisions of the General
12-42 Appropriations Act, or a rule adopted by the comptroller under this
12-43 chapter conflicts with a requirement of the Americans with
12-44 Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.), a
12-45 federal regulation adopted under that Act, or another applicable
12-46 federal law or regulation, then the federal law or regulation
12-47 controls to the extent of the conflict.
12-48 Sec. 660.145. DEATH OF STATE EMPLOYEES. A state agency may
12-49 pay or reimburse the expense of preparing and transporting the
12-50 remains and personal property of a state employee who dies while
12-51 conducting official state business outside the employee's
12-52 designated headquarters. The agency may pay or reimburse the
12-53 expense of transporting the remains and personal property either to
12-54 the employee's designated headquarters or to another location
12-55 designated by the executor or administrator of the employee's
12-56 estate. If the remains and personal property are transported to a
12-57 location other than the employee's designated headquarters, then
12-58 the amount of the agency's payment or reimbursement may not exceed
12-59 the amount that would have been paid had the remains and personal
12-60 property been transported to the designated headquarters.
12-61 Sec. 660.146. TRAVEL EXPENSES OF THREATENED STATE EMPLOYEES
12-62 AND THEIR FAMILIES. (a) A state agency may pay or reimburse a
12-63 travel expense incurred by a state employee who serves in a law
12-64 enforcement, investigative, or similar capacity if the employee is
12-65 threatened as a result of the employee's official duties.
12-66 (b) A state agency may pay or reimburse a travel expense
12-67 incurred by the family of a state employee who serves in a law
12-68 enforcement, investigative, or similar capacity if the family is
12-69 threatened as a result of the employee's official duties.
12-70 (c) A travel expense is payable or reimbursable under this
13-1 section even if it is incurred within a state employee's designated
13-2 headquarters.
13-3 Sec. 660.147. CONFLICTS WITH OTHER SUBCHAPTERS. In the
13-4 event of a conflict between this subchapter and another provision
13-5 of this chapter, this subchapter controls.
13-6 SECTION 20. Sections 660.005, 660.022, 660.023, 660.026,
13-7 660.043, 660.044, 660.045, 660.046, 660.050, 660.051, 660.053, and
13-8 660.054, Government Code, are repealed.
13-9 SECTION 21. (a) In this section, "travel expense" has the
13-10 meaning assigned by Section 660.002, Government Code, as amended by
13-11 this Act.
13-12 (b) Except as provided by Subsection (c) of this section,
13-13 the changes made to the law by this Act do not apply to a travel
13-14 expense incurred before September 1, 1995. The expense is governed
13-15 by the law in effect at the time the expense was incurred, and that
13-16 law is continued in effect for this purpose.
13-17 (c) The changes made to the law by this Act apply to the
13-18 procedures that must be followed to pay or reimburse a travel
13-19 expense, regardless of when the expense is incurred.
13-20 SECTION 22. This Act takes effect September 1, 1995.
13-21 SECTION 23. The importance of this legislation and the
13-22 crowded condition of the calendars in both houses create an
13-23 emergency and an imperative public necessity that the
13-24 constitutional rule requiring bills to be read on three several
13-25 days in each house be suspended, and this rule is hereby suspended.
13-26 * * * * *